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Judgment
Sh. Ankur Gupta, Complainant appeared in person.
Adv. Deeptanshu Jain appeared on behalf of the Respondent No. 1 and filed his Vakalatanama. Same was taken on record.
The Complainant stated that, the Promoter did not utilize the entire FAR as approved in the sanctioned building plans during various phases of the project. The balance FAR due to lesser utilization of FAR in a phase has been used in subsequent phases. He alleged that utilisation of lesser FAR amounted to change in sanctioned building plans.
Ld. Counsel for Respondent No. 1 argued that the complaint is not maintainable as Complainant is not an aggrieved person. He argued that the complaint needs to be dismissed keeping in view the judgement passed by Hon’ble High Court of Bombay in case number 2023 SCC OnLine Bom 1849: (2023) 6 AIR Bom R 154. He further submitted that his client may not have utilised complete FAR sanctioned as per the building plan due to subsequent changes in UBBL.
Complainant made written submission dated 14.07.2025 and the same was taken on record.
The Authority heard arguments of Complainant and Ld. Counsel for Respondent No. 1.
The Authority would like the Promoter to submit the following clarifications/details for each phase of the project separately.
i FAR approved as per Sanctioned Building Plan.
ii FAR actually utilised or which will be utilised.
iii Reasons for utilisation of lesser FAR.
iv Whether the sanctioned building plan submitted by the Promoter at the time of registration was changed subsequently.
v If the sanctioned plan was changed subsequently whether the Authority was informed and Authority’s consent taken to implement the project as per the revised sectioned building plans.
The Promoter is directed to submit above clarifications and details before 14.08.2025.
Ld. Counsel for Respondent No. 1 requested that his clients be allowed to furnish the details in a sealed cover and be not shared with the Complainant without the explicit direction of the Authority.
Matter be listed on 26.08.2025 at 2:30 pm.